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HomeMy WebLinkAbout20220666 Ver 1_ePCN Application_20220512Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes 0 No Is this project a public transportation project?* OYes 0No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 1/4/2022 BIMS # Assigned* 20220666 Is a payment required for this project?* O No payment required O Fee received Fee needed - send electronic notification Reviewing Office* Wilmington Regional Office - (910) 796-7215 Information for Initial Review Version#* What amout is owed?* ® $240.00 0 $570.00 Select Project Reviewer* Holley Snider:eads\hasnider la. Name of project: 208 W. Pelican Drive la. Who is the Primary Contact?* Kim Williams - Davey Resource Group lb. Primary Contact Email:* lc. Primary Contact Phone:* kim.williams@davey.com (910)452-0001 Date Submitted 5/12/2022 Nearest Body of Water AIWW Basin Lumber Water Classification SA; HQW Site Coordinates Latitude: 33.916185 A. Processing Information Longitude: -78.164348 County (or Counties) where the project is located: Brunswick Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0Yes ONo la. Type(s) of approval sought from the Corps: EI Section 404 Permit (wetlands, streams and waters, Clean Water Act) O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O No 1b. What type(s) of permit(s) do you wish to seek authorization? E Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? OO Yes 0 No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: EO 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit O Individual 401 Water Quality Certification 18 - Minor Discharges le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* O Yes O No O 401 Water Quality Certification - Express 0 Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No lh. Is the project located in any of NC's twenty coastal counties? O Yes O No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? O Yes O No 1j. Is the project located in a designated trout watershed? Yes • No B. Applicant Information 0 Unknown 0Yes ONo OYes 0No ld. Who is applying for the permit? O Owner O Applicant (other than owner) le. Is there an Agent/Consultant for this project?* OYes 0No 2. Owner Information 2a. Name(s) on recorded deed: Cheryl Hagelstein 2b. Deed book and page no.: 2c. Contact Person: 2d. Address Street Address 17617 Thornwood Lane Address Line 2 City South Chesterfield Postal / Zip Code 23803 2e. Telephone Number: (804)704-5114 2g. Email Address:* cheryl@signaturehomespros.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource Group 4c. Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address:* kim.williams@davey.com C. Project Information and Prior Project History State / Province / Region VA Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (910)452-0060 1. Project Information lb. Subdivision name: (if appropriate) lc. Nearest municipality / town: Oak Island 2. Project Identification 2a. Property Identification Number: 234MA004 2c. Project Address Street Address 208 W. Pelican Drive Address Line 2 City Oak Island Postal / Zip Code 28465 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * AIWW 3b. Water Resources Classification of nearest receiving water: * SA; HQW 3c. What river basin(s) is your project located in?* 2b. Property size: 0.26 State / Province / Region NC Country USA Lumber 3d. Please provide the 12-digit HUC in which the project is located. 030402080107 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The lot is currently undeveloped and forested. The site abuts the Atlantic Intracoastal Waterway to the north and both freshwater and coastal wetlands are located adjacent to the waterway. Additionally, another freshwater wetland pocket is located in the center of the lot. Adjacent land use is residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes O No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: - 0.03 4g. List the total estimated linear feet of all existing streams on the property: - 50 LF (AIWW forms northern boundary) 4h. Explain the purpose of the proposed project:* The purpose of the project is to build a home for the applicant to reside. Wetland impacts are needed to construct the house. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The limits of disturbance will be cleared of vegetation and graded. Then home construction and utility installation will occur. The home will be 50' x 34' and will have a front porch (7' x 34') and back deck (12' x 34'). The house will be constructed on pilings. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* ( Yes O No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* ® Preliminary 0 Approved 0 Not Verified 0 Unknown 0 N/A Corps AID Number: SAW-2022-00167 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Mark Westendorff DRG 0 Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Gary Beecher of the USACE issued the JD on 4/14/22. 6. Future Project Plans 6a. Is this a phased project?* O Yes O No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory U 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands O Streams -tributaries ❑ Open Waters O Pond Construction 2. Wetland Impacts 0 Buffers 2a. Site #* (7) 2a1 Reason (7) 2b. Impact type* (7) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (7) 2g. Impact area* 1 Fill for house P Hardwood Flat N/A Yes Both 0.030 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.030 2g. Total Wetland Impact 0.030 21. Comments: E. Impact Justification and Mitigation C:) 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The applicant attempted to avoid and minimize impacts when preparing the site plan. One wetland pocket is located in the center of the lot. The applicant attempted to push the house footprint closer to the AIWW to avoid this pocket, but this would require additional fill above the Town's 1-ft allowance. Additionally, the builder of the house recommends against this, as it could compromise the structural integrity of the house. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A silt fence will be installed prior to land disturbing activities. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? O Yes O No 2c. If yes, mitigation is required by (check all that apply): ❑ DWR O Corps 2d. If yes, which mitigation option(s) will be used for this project? O Mitigation bank O Payment to in -lieu fee program O Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Stone Farm Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.1 3c. Comments We have requested a credit availability letter from SFMB and will forward it to you once received. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? O Yes O No If no, explain why: Site is located in the Lumber River Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* OYes 0No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? OYes 0No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? O Yes O No O N/A - project disturbs < 1 acre Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* 0 Yes O No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* O Yes O No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* O Yes O No 3b. If you answered "no," provide a short narrative description. The project will not provide access or utilities to adjacent properties. No additional impacts are anticipated within the lot. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* OYes 0No0N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The project will tie into the municipal wastewater treatment system. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* O Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* 0 Yes e No 5d. Is another Federal agency involved?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? 0Yes @No O No O Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S OYes 0No 5g. Does this project involve bridge maintenance or removal? OYes 0No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0Yes ONo 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? 0Yes @No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur within the site. There are occurrences of the federally listed American alligator, manatee, sea turtles, sturgeon, and seabeach amaranth within a one mile radius of the site, likely within the AIWW, located north of the site, or the Atlantic ocean and adjacent beaches, located several hundred feet south of the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species require coastal and/or marine habitat and would not be found in the areas to be developed within the lot. Forested areas within the lot support hardwoods in the canopy and would not provide suitable habitat for the RCW. Forested areas within the site may provide suitable roosting habitat for the northern long- eared bat. Since no hibernacula or maternity roosting trees are known to occur in the area, any adverse effect from tree clearing would be exempt by the 4(d) rule. The site does not appear to provide suitable habitat for any other species known to occur in the area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* O Yes O No Are there submerged aquatic vegetation (SAV) around the project vicinity?* 0 Yes No 0 Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA EFH Mapper was reviewed. The AIWW is EFH for several species. No impacts to coastal wetlands or waters will occur as a result of this project. Silt fencing will be used during construction to ensure sediment does not leave the site. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* 0 Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* O Yes O No 8b. If yes, explain how project meets FEMA requirements: Applicant will work with the County to ensure FEMA requirements are met. House will be built on pilings. 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center website Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Attachments_208 W Pelican Dr.pdf 4.13MB File must be PDF or KMZ Comments Signature ill By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Kim Williams Signature Werailenr Date 5/12/2022 DAVEY Resource Group TO: US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 May 12, 2022 NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 208 W. Pelican Drive; Oak Island; Brunswick County, NC NWP 18 Application Action ID# SAW-2022-00167 To Whom It May Concern: On behalf of Ms. Cheryl Hagelstein, Davey Resource Group, Inc. is submitting a Pre -Construction Notification form and associated attachments for the lot located at 208 W. Pelican Drive in Oak Island, NC. The purpose of the project is to construct a home within the site. The project proposes to impact 0.03 acre of jurisdictional wetlands to construct the home and driveway. To mitigate for unavoidable wetland impacts, the applicant proposes purchasing 0.1 acre of wetland credits from the Stone Farm Mitigation Bank. We have requested a credit availability letter from the bank and will forward it to you once received. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, Kim Williams Environmental Scientist Encl. www.Imgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 208 W. Pelican Drive; Oak Island Brunswick County PCN Attachments Table of Contents 1.0 AGENT AUTHORIZATION FORM 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure 5. Site Plan Showing Proposed Wetland Impacts 3.0 PRELIMINARY JURISDICTIONAL DETERMINATION 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List 1.0 AGENT AUTHORIZATION FORM Authentisign ID: 5F4B5206-40DF-4FDO-B37E-DA2D8870931F DAVEY Resource Group AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Davey Resource Group to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for the 208 W. Pelican Drive project located in Brunswick County, NC. All questions regarding this project should be directed to Davey Resource Group. Sincerely, r Authenii rr Lt � Raujetsteuz 4/1/2022 12:54:06 PM EDT Applicant Cheryl Hagelstein Print Name 04/01 /2022 Date www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure 5. Site Plan Showing Proposed Wetland Impacts -*WV". !fr �of �.. ... . • V YMGI Is • , : -7, a` - - �e.�x _ -. - - - - w r . I ! - = � J - • • �r�r. , • w it,,EI�vif R-Y1 .rr r .. T1•-. #w+ • 0 v'Voltr r...a 1 - 4 ! �. Y s �. I. - ec:. 4ni �r��inii L+iire ri fjr6• ..�.� om'.r di ra .. Fr_ a a..q1 r..• • oaip+.s rr.. _ .w . n . ,.... r eoo : r �' .�R�r :��.� .s7.+r+Rak mtl-ii.e ti+. Y �• mow.. r� iris Ko•.nt . �r�.... • •r.. --- ...f,....' 7.._ ..--...-.—..-____•. __._—....._ . _.e +'ice.. �wv-rnr +�•:�r �. .r wv r.rl5.r ►. • L:\Wetlands\2021 \LMG21.591 \Maps Boundaries are approximate and not meant to be absolute. Map Source: ArcGIS Open Street Map © OpenStreetMap (and) contributors, CC -BY -SA N 0 1,000 2,000 4,000 Feet 208 W. Pelican Dr Brunswick County, NC Map Date: November 2021 LMG#21.591 41,MG LAND) MANAGEMENT GROUP a DAMEYt. company 3805 Wrightsville Avenue Wilmington, NC 28403 (910)452-0001 Figure 1 Vicinity Map BEACH mi • di.%.&MA I try •' *+i1fUa 4p,g i '_, ■ m ■ 1. Esri, HERE, Garmin, (c) OpenStreetMap contributors L:\Wetlands\2021 \LMG21.591 \Maps Boundaries are approximate and not meant to be absolute. Map Source: USGS 7.5' Lockwoods Folly Quad N 0 250 500 1,000 Feet 208 W. Pelican Dr Brunswick County, NC Map Date: November 2021 LMG # 21.591 '''LMG LAN) MANAGEMENT GROUP a DAMEY#. company 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Figure 2 USGS Topographic Map Soils BO: Bohicket silty clay loam, 0 to 2 percent slopes Co: Corolla fine sand, 0 to 6 percent slopes L:\Wetlands\2021 Wetland Files\LMG21.591\Maps Boundaries are approximate and not meant to be absolute. Map Source: NRCS GIS Soils Data N A 0 15 30 60 Feet 208 W. Pelican Dr. Brunswick County, NC Map Date: November 2021 LMG # 21.591 LMG LAND MANAGEMENT GROUP a DMA. . company 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Figure 3 Soils Map L:\Wetlands\2021 Wetland Files\LMG21.591\Maps Boundaries are approximate and not meant to be absolute. Map Source: 2020 NC One Map N A 0 15 30 60 Feet 208 W. Pelican Dr. Brunswick County, NC Map Date: November 2021 LMG # 21.591 LMG LAND MANAGEMENT GROUP a DMA. . company 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Figure 4 Current Aerial Map NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated areas and review and approval by the U.S. Army Corps of Engineers is recommended prior to specific site planning. Legend Project Area: -0.26 ac Uplands 404 Wetlands Coastal Wetlands Proposed Wetland Impacts - 0.03 ac Normal High Water Line 75-ft Area of Environmental Concern House, Front, & Back Deck 4�J - L:\WETLANDS\2021 WETLANDS FILES\LMG21.591 208 W. Pelican Dr, Hagelstein\Maps Boundaries are approximate and not meant to be absolute. Map Source: 2019 EagleView Aerial Photography N 0 20 40 80 Feet 208 West Pelican Drive Brunswick County, NC May 2, 2022 LMG21.591 tLMG LAN) MANAGEMENT GROUP a DAMEYf. company 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Figure 5. Proposed Impact Map 3.0 PRELIMINARY JURISDICTIONAL DETERMINATION U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00167 County: Brunswick County NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Sean Fahey Address: 1928 Mandeville Canyon Road Los Angeles, CA, 90049-2225 Telephone Number: (212) 300-5668 E-mail Address: fahey(u,compassroseam.com Size (acres) 0.26 Nearest Town Oak Island, NC Nearest Waterway Long Bay River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.915849 Longitude: -78.166266 Location description: This 0.26 acre lot is located at 208 West Pelican Drive in Oak Island, Brunswick County, NC (Parcel ID: 234MA004). Indicate Which of the Following Apply: A. Preliminary Determination X There appear to be waters, includin2 wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC 403). The waters, includin2 wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory miti2ation. For purposes of computation of impacts, compensatory miti2ation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW-2022-00167 B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, unless there is a change in law or our published regulations, may be relied upon for a period not to exceed five years from the date of this notification. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at (910) 251-4694 or Gary.H.Beecher(a,usace. army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: This application was desk -top reviewed using information obtained from the consultant (LMG/Davey) and by using Corps generated QL2 Lidar Maps. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: SAW-2022-00167 US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 PHILIP.A.SHANNIN@USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Date of JD: April 14, 2022 Expiration Date: PJD does not expire The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/. Copy Fumished via e-mail to: Consultant: Elizabeth Freedland Land Management Group/Davey 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 (910) 452-0001 efreedland(ahngroup.net Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: April 14, 2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Mark Westendorff, LMG, 3805 Wrightsville Ave., Ste. 15, Wilmington, NC 28403 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 208 West Pelican Drive, SAW-2022-00167 D. PROJECT LOCATION(S) AND BACKGROUND (UAINgrtitAliaNBELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Brunswick City: Oak Island Center coordinates of site (lat/long in degree decimal format): Lat.: 33.916185 Long.: -78.164348 Universal Transverse Mercator: 17 S 762163.77 m E 3756489.06 m N Name of nearest waterbody: Montgomery Slough E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑x Office (Desk) Determination. Date: April 14, 2022 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) CW1 33.916480 -78.164325 0.008 ac Wetland Waters Section 10 W1 33.916457 -78.164330 0.01 ac Wetland Waters Section 404 W2 33.916124 -78.164294 0.02 ac Wetland Waters Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: • Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Section 401/404 Delineation - Preliminary Sketch O Data sheets prepared/submitted by or on behalf of the PJD requestor. Office concurs with data sheets/delineation report. n Office does not concur with data sheets/delineation report. Rationale: x ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: USGS Brunswick County GIS Mosaic ▪ Natural Resources Conservation Service Soil Survey. Citation: Brunswick County GIS Soils Data ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) • Photographs: • Aerial (Name & Date): NAPP 1998, 2019 EagleView Aerial Photography or n Other (Name & Date): n Previous determination(s). File no. and date of response letter: Other information (please specify): Corps generated QL2 Lidar Map IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. LMG (agent) Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 1 I _ri_iiiir.; :-=':-,_:__ _ -:_-_i-..1- --_--7-- / _- , _= ::--_-- — ) /,2_:- ' _- ' SII,roviD.' -1,..:...4.....: // i TF a ,„..D.ne f E f� c _ C n - j; _ - 5 i H _ • .0. 4':f�l"'er f;.-i RA` 4 q' ea`3 -F-ko i'n.^ ; .as_a, r�Al r-. i.• .;i r�.Jr,rt I r'-r/ a a _ a z t r - .n�+• t•.. •• i. I. y•,4.. ' .. ;I 1 ;�'1� •Rr 4. .. 4•,� .lrcw Nandna;rt •e 6 --_ __- _- _-- • �_- ' r41I11, ! 1a� . ta. - _ - - - - -=— __ __ ..1 r'; ■'ice^ mi-. •...a,.3 •.rC °1;e . .W.I _e. F • p m it.t... .`7- I Ftl,an ICMYe,a..: -,�; __ =...,.. ___ _ - _- V474 ..v ,, . M ii/a+le.alq ma-.i1 .. „•1a -.._ -. ...' o a�lNr'.." awr... �( . - • 'n - - y '' ec ~-- ... .�0 c.wr di ra.y pr-a a wp1 r.r�. oaip+.s rr,. eoe ...PM 1! .".? �.:a.� IBmM~ ' r pop:P. �. .P.. . "- ..W&,S...n.ve a- - .1 prim�waaik ariair.a..m 1°� Y'y...... eyea Y - ti.1.p —..�..i -t..0.p.A!e �Sw.... _ _ -w...�_.---•.�._.-...�.+m,6ir iy �'i.,.a�L1 ..�.inT.r,s +r•a>i...ry.4 -:. 1 ©OpenStreetMap(and)contributors, CC-BY-SA N L:\Wetlands\2021\LMG21.591\Maps A 0 1,000 2,000 4 000 Boundaries are approximate and not meant to be absolute. Feet Map Source:ArcGIS Open Street Map 208 W Pelican Dr ILMG Brunswick County, NC LAND MANAGEMENT GROUP Figure 1 Map Date: November 2021 a D Y .company Vicinity Map 3805 Wrightsville Avenue LMG # 21.591 Wilmington, NC 28403 (910)452-0001 _ - +. +Yr . -...e.41111111110 • ( ..e _. ......1 . _ . , , ,,x 12 SI . 1119111111111011 lial 21C a 6120 I .111-.. .. : 12 II. l'.1:i:111-11111 1 i - __• -,_��I 2 I 4 1• 11 ' T ti4+ P �ICAM iaF '� �i ..k_T.. NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated areas and review and approval by the U.S. Army 1 Corps of Engineers is recommended prior to specific site planning. NHW6 (32)11 f • 14j let'•-1.J •• ref,• ',“" i - Ty r, '*�. y�� , J 1 • t • Rli IA '. Id _ WA5 .'r-ili am. • •ti • . 1 ' - ...e-. i I : ,9 , •-.. •' ;� I WA 1 - = ,-%,1 ' Legend Project Area: —0.26 ac # - ' T- C Potential Uplands: —0.22 ac (85%) ;^ • - _:: Potential 404 Wetlands: —0.03 ac (12%) - - Potential Coastal Wetlands: —0.008 ac (3%) • , Ak Normal High Water Line ,-k r _ - 10 Data Points =• -- _ - ---,& •• Ea,EERE,Gar On,0og- ilgpc � ,[ Ib4t n7v, Inc. L:\WETLANDS\2021 WETLANDS FILES\LMG21.591 --- N 208 W. Pelican Dr, Hagelstein\Maps A 0 20 40 80 Boundaries are approximate and not meant to be absolute. Feet Map Source: 2019 EagleView Aerial Photography 208 West Pelican Drive mG Brunswick County, NC L Section 401/404 LAND MANAGEMENTGRDUP Delineation - Map Date: January 6, 2022 a outrEre.company Preliminary Sketch 3805 Wrightsville Avenue LMG21.591 Wilmington, NC 28403 (910)452-0001 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List r ■■■ ■■ ■ NC DEPARTMENT OF • a■It■.. NATURAL AND CULTURAL RESOURCES ■ ■■■ March 31, 2022 Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue; Suite 15 Wilmington, NC 28403 RE: 208 W. Pelican Dr Dear Kim Williams: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Directtrr, Natural Heritage Program NCNHDE-17562 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 4) 121 W. JONES STREET, RALEiGh 1_ NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC V9 707.9120 • FAx 919.707.912i Taxonomic Group Bird Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area 208 W. Pelican Dr March 31, 2022 NCNHDE-17562 Element Occurrences Documented Within a One -mile Radius of the Project Area EO ID Scientific Name Common Name Last WI Element servation Occurrence Date Rank Charadrius melodus Piping Plover - Atlantic 1988-05-21 H melodus Coast subspecies Bird Haematopus palliatus American Oystercatcher Bird Passerina ciris Painted Bunting 19245 27222 4417 Dragonfly or 33738 Damselfly Freshwater Fish38937 Mammal Natural Community Reptile Reptile Reptile Reptile Reptile 17664 17347 3970 14277 7524 1862 38504 Vascular Plant 26053 Vascular Plant 28779 Vascular Plant 13051 Somatochlora georgiana Acipenser oxyrinchus oxyrinchus Trichechus manatus Pine/Scrub Oak Sandhill (Coastal Fringe Subtype) Alligator mississi ppiensis Caretta caretta Chelonia mydas Lepidochelys kempii Malaclemys terrapin Coppery Emerald Atlantic Sturgeon West Indian Manatee American Alligator Loggerhead Seaturtle Green Seaturtle Kemp's Ridley Seaturtle Diamondback Terrapin Amaranthus pumilus Seabeach Amaranth Euphorbia bombensis Southern Seaside Spurge Ipomoea imperati Beach Morning-glory 2007 2017-07-25 2004-Pre 2018-09 2019-11-14 1988-05-22 2018-02-26 2017-08-07 2010-07-19 1992-08-30 1989-06-01 2010-Summer 1948 1950-08-19 CD B H? E E C 5-Very Low 4-Low 5-Very Low 4-Low E 4-Low B 3-Medium E 3-Medium H? 4-Low H 2-High D 3-Medium H 4-Low H 4-Low Accuracy Federal State Global State Status tatus Rank Rank 3-Medium Threatened Threatened G3T3 S1B,S1 N 4-Low Special G5 S2S3B, Concern S3N 3-Medium Special G5 S2B Concern Significantly G3G4 S1? Rare Endangered Endangered G3T3 S2 Threatened Threatened Similar Appearance Threatened Threatened Endangered Threatened Threatened G2G3 S1N G2 S2 Threatened G5 S3 Threatened G3 S2B Threatened G3 S1B Endangered G1 S1B,SU N Special G4 S3 Concern Threatened G2 S1 Significantly G4G5 S2? Rare Throughout Special G5 S1 Concern Vulnerable Page 2 of 4 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State tip Obser Occurrence Status tatus Rank Rank Rank Vascular Plant 5456 Lilaeopsis carolinensis Carolina Grasswort 1961-06 H 4-Low Significantly G3G5 S2 Rare Other Vascular Plant 18690 Rhynchospora odorata Fragrant Beaksedge 1948-08 H 4-Low Special G4 S1 Concern Vulnerable No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Manage rea I ame Owne Owner Type Town of Oak Island Open Space Town of Oak Island Local Government USFWS Critical Habitat - Loggerhead Seaturtle US Fish and Wildlife Service Federal Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on March 31, 2022; source: NCNHP, Q4, January 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 NCNHDE-17562: 208 W. Pelican Dr nr `v yar1] Ur ti s z r' Dolphin [J ✓i ti Yti Beach L:•r `' r r r 2 r { }+ WPn liLJn D1 'N Oolprrrn D; �+ n { I IV.i r - 1• ? t 2 • M March 31, 2022 ❑ Project Boundary ❑ Buffered Project Boundary Managed Area (MAREA) 1:20,720 O 0.175 0.35 0.7 mi O 0.275 0.55 1.1 km Sources: Esn. HERE, Garmn, Iniermap, increment P Corp.. GEBCO, USGS, FAO. NPS, NRCAN, GeoSase. IGN, Kadaster NI_ Ordnance Survey. Esri ,Japan. ir1EM.. Esn China (Hong K rg)_ tc] OpenS1ree}Map contributors, and the GIS user Community Page 4 of 4 IPaC Information for Planning and Consultation U.S. Fish &Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below.The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site-specific(e.g., vegetation/species surveys)and project-specific(e.g., magnitude and timing of proposed activities)information. Below is a summary of the project information you provided and contact information for the USFWS office(s)with jurisdiction in the defined project area. Please read the introduction to each section that follows(Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands)for additional information applicable to the trust resources addressed in that section. Location Brunswick County, North Carolina \1416\S\31111111. 10,11,(411111‘ or• Pr Local office Raleigh Ecological Services Field Office t. (919)856-4520 la (919)856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI)for species are also considered.An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site-specific and project- specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action"for any project that is conducted, permitted, funded, or licensed by any Federal agency.A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. S. Click REQUEST SPECIES LIST. Listed species 1 and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service(USFWS)and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries=). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 West Indian Manatee Trichechus manatus Threatened Wherever found Marine mammal There is final critical habitat for this species.The location of the critical habitat is not available. http s://ec o s.f ws.gov/ecp/s p e ci a s/4469 Birds C) \ NAME STATUS Piping Plover Charadrius melodus Th e There is final critical habitat for this species.The location of the critical habitat is not available. https:/lecos.fws.govlecp/specs es/6039 Red Knot Calidris canutus rufa Threatened Wherever found , rolIS There is proposed critical habitat for this species.The location of the critical habitat is not available. https;//ecos.fws.gov/ecp/species/1864 Red-cockaded Woodpecker Picoides borealis Endangered Wherever Found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Wood Stork Mycteria americana Threatened No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/8477 Reptiles NAME STATUS American Alligator Alligator mississippiensis SAT Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/776 Green Sea Turtle Chelonia mydas Threatened There is final critical habitat for this species.The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered Wherever found There is proposed critical habitat for this species.The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered Wherever found There is final critical habitat for this species.The location of the 1\614 critical habitat is not available. h ttp s://ec o s.fws.gov/ecp/species/1493 6\\O Loggerhead Sea Turtle Caretta caretta Threatened There is final critical habitat for this species.The location of the k } critical habitat is not available. https://ecos.fws.gov/ecp/species/1110 Snails NAME STATUS Magnificent Ramshorn Planorbella magnifica Candidate Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/etp/species/6216 Insects NAME STATUS 71/4 Monarch Butterfly Danaus plexippus Candidate Wherever founc No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3281 Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus Threatened Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/8549 Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Ki4\P 4°c1),I Migratory birds \3\64°. Certain birds are protected under the Migratory Bird Treaty A land the Bald and Golden Eagle Protection Act Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures,as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Birds of Conservation Concern http://www,fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location.To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below.This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area.To see exact locations of where birders and the general public have sighted birds in and around your project area,visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON(IFA BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST,THE BIRD MAY BREED IN YOUR A PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE."BREEDS S\1.° ELSEWHERE" INDICATES THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) American Kestrel Falco sparverius paulus Breeds Apr 1 to Aug 31 This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions(BCRs)in the continental USA https://ecos.fws.gov/ecp/species/9587 American ❑ystercatcher Haernatopus palliatus Breeds Apr 15 to Aug 31 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. https://ecos.fws.gov/eco/species/8935 k Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31 This is not a Bird of Conservation Concern(BCC)in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Black Skimmer Rynchops niger Breeds May 20 to Sep 15 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/5234 Gull-billed Tern Gelochelidon nilotica Breeds May 1 to Jul 31 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9501 Lesser Yellowlegs Tringa flavipes Breeds elsewhere This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Marbled Godwit Limosa fedoa Breeds elsewhere This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9481 Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31 11111S' This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. d tX\ Red-headed Woodpecker Melanerpes erythrocephalus N. Breeds May 10 to Sep 10 This is a Bird of Conservation Concern(BCC)throughout its range in 4,1801 the continental USA and Alaska. Th" Ruddy Turnstone Arenaria interpres morinella Breeds elsewhere This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions(BCRs)in the continental USA Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions(BCRs)in the continental USA Short-billed Dowitcher Limnodromus griseus Breeds elsewhere This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9480 Willet Tringa semipalmata Breeds Apr 20 to Aug 5 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. Wilson's Plover Charadrius wilsonia Breeds Apr 1 to Aug 20 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area.When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure.To see when birds are most likely to occur and be breeding in your project area,view the Probability of Presence Summary.Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern(BCC)and other species hat may warrant special attention in your project location, \ h1) The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN).The AKN data is based on a growing collection of survey, banding,and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s)which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area,an eagle (Eagle Act requirements may apply),or a species that has a particular vulnerability to offshore activities or development. Again,the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area.To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? I The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network(AKN).This data is derived from a growing collection of survey,banding,and citizen science datasets Probability of presence data is continuously being updated as new and better information becomes available.To learn more about how the probability of presence graphs are produced and how to interpret them,go the Probability of Presence Summary and then click on the"Tell me about these graphs" link. How do I know if a bird is breeding,wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within(i.e. breeding,wintering, migrating or year- round),you may refer to the following resources:The Cornell Lab of Ornithology All About Birds Bird Guide,or(if you are unsuccessful in locating the bird of interest there),the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area,there may be nests present at some point within the timeframe specified. If"Breeds elsewhere" is indicated,then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern(BCC)that are of concern throughout their range anywhere within the USA(including Hawaii,the Pacific Islands, Puerto Rico,and the Virgin Islands); 2. "BCC-BCR"birds are BCCs that are of concern only in particular Bird Conservation Regions(BCRs)in the continental USA;and 3. "Non-BCC-Vulnerable"birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements(for eagles)or(for non-eagles)potential susceptibilities in offshore areas from certain types of development or activities(e.g.offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds,efforts should be made, in particular,to avoid and minimize impacts to the birds on this list,especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast,please visit the Northeast Ocean Data Portal.The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately,you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data,see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. 1 .al What if I have eagles on my list? If your project has the potential to disturb or kilt eagles,you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area,only a subset of birds of priority concern.To learn more about how your list is generated,and see options for identifying what other birds may be in your project area, please see the FAQ"What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the"probability of presence"of birds within the 10 km grid cell(s)that overlap your project;not your exact project footprint.On the graphs provided, please also look carefully at the survey effort(indicated by the black vertical bar)and for the existence of the"no data"indicator(a red horizontal bar).A high survey effort is the key component. If the survey effort is high,then the probability of presence score can be viewed as more dependable. In contrast,a low survey effort bar or no data bar means a lack of data and,therefore,a lack of certainty about presence of the species.This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area,when they might be there, and if they might be breeding(which means nests might be present).The list helps you know what to look for to confirm presence,and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities,should presence be confirmed.To learn more about conservation measures,visit the FAQ"Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds"at the bottom of your migratory bird trust resources page. Marine mammals Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora?. The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries 3 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list; for additional information on those species please visit the Marine Mammals page of the NOAA Fisheries website. The Marine Mammal Protection Act prohibits the take (to harass, hunt, capture, kill, or attempt to harass, hunt, capture or kill) of marine mammals and further coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. IX\ 14. 1. The Endangered Series Act(ESA) ❑f 1973. 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. 3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following marine mammals under the responsibility of the U.S. Fish and Wildlife Service are potentially affected by activities in this location: NAME West Indian Manatee Trichechus manatus http s://e c o s.f ws.govlecp is p ec i es/4469 Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME This can happen when the National Wetlands Inventory(NWI) map service is unavailable, or for very large projects that intersect many wetland areas.Try again, or visit the NWI map to view wetlands at this Location. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location,type and size of these resources.The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation,visible hydrology and geography.A margin of error is inherent in the use of imagery;thus,detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery,the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work.There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands.These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities(coral or tuberficid worm reefs)have also been excluded from the inventory. These habitats, because of their depth,go undetected by aerial imagery. Data precautions Federal,state,and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory.There is no attempt, in either the design or products of this inventory,to define the limits of proprietary jurisdiction of any Federal,state,or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal,state,or